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Friday, February 9, 2007

beSpacific - February 8, 2007

beSpacific - Accurate, focused law and technology news http://www.bespacific.com By Sabrina I. Pacifici - bespacific@earthlink.net Free weekday coverage on current issues February 08, 2007
Headlines
  • Hearing Questions Management of Homeland Security Contracts
  • Election Assistance Commission Prepares to Launch Voting System Test Lab Program
  • CDC Releases New Data on Autism Spectrum Disorders (ASDs) from Multiple Communities in the U.S.
  • New Bill Introduced Prohibiting Cloned Products From Organic Labeling
  • Hearing Questions Management of Homeland Security Contracts
  • GAO Report on Federal Oversight of Food Safety
  • New Rule on FOIA Processing Fee Imposes Burdens According to National Security Archive
  • Senate Judiciary Committee Reverses Plan to Circumvent Senate Confirmation of U.S. Attorneys'
  • Health Care Provider Refusals to Treat, Prescribe, Refer or Inform: Professionalism and Conscience
  • Supreme Court Justice Alito's Perspective on the Court's Calendar
  • Medicaid and Child Health Care Fact Sheets
  • FBI Launches E-Mail Alerts on Public Website
  • Defense Information Systems Agency Plans Enhanced White House Communications Network
* Hearing Questions Management of Homeland Security Contracts
Committee on Oversight and Government Reform hearing, February 8, 2007: "The hearing focused on the Department of Homeland Security’s management of large contracts that rely on private contractors as “system integrators.” The Committee focused on two examples of multi-billion dollar contracts: the Deepwater program to develop new ships for the Coast Guard and the Secure Border Initiative to integrate technology and personnel to defend the nation’s borders."
  • Chairman Waxman's Opening Statement
  • Memo on Deepwater Project
  • Memo on SBInet Project ["the DHS $30 billion contract with Boeing to design and build a comprehensive border security plan..."
  • * Election Assistance Commission Prepares to Launch Voting System Test Lab Program
    "The U.S. Election Assistance Commission (EAC) today heard testimony during a public meeting about the launch of its accreditation program for laboratories that test voting systems, including discussion about the first two labs that will be considered for accreditation. The Commission also voted to stop accepting applications or additional information related to pending applications to its interim test laboratory accreditation program, effective March 5, 2007, citing the onset of the full accreditation program... After the EAC review, the Commission will vote regarding full accreditation. For more information about the NIST/NVLAP accreditation process and to view related documents, visit www.vote.nist.gov."
  • Related postings on e-voting
  • See also the E-Poll Book Improvement Act of 2007 (Introduced in House), January 31, 2007
  • * CDC Releases New Data on Autism Spectrum Disorders (ASDs) from Multiple Communities in the U.S.
    Press release: "The Centers for Disease Control and Prevention (CDC) reported findings today from the first and largest summary of prevalence data from multiple U.S. communities participating in an autism spectrum disorder (ASD) surveillance project. The results showed an average of 6.7 children out of 1,000 had an ASD in the six communities assessed in 2000, and an average of 6.6 children out of 1,000 having an ASD in the 14 communities included in the 2002 study. All children in the studies were eight years old because previous research has shown that most children with an ASD have been identified by this age for services."
  • Fact Sheet
  • * New Bill Introduced Prohibiting Cloned Products From Organic Labeling
    Follow up to December 28, 2006 posting, FDA Issues Draft Documents on the Safety of Animal Clones, a related report and Congressional news:
  • Is the FDA's Cloning Proposal Ready for Prime Time?, An Organic Center Critical Issue Report, by James Riddle, January 2007.
  • Press release: "Senators Patrick Leahy (D-Vt.) and Herb Kohl (D-Wis.) Thursday introduced legislation to bar products that are produced from cloned livestock from receiving an organic food label under the National Organic Program administered by the U.S. Department of Agriculture (USDA)."
  • * Hearing Questions Management of Homeland Security Contracts
    Committee on Oversight and Government Reform hearing, February 8, 2007: "The hearing focused on the Department of Homeland Security’s management of large contracts that rely on private contractors as “system integrators.” The Committee focused on two examples of multi-billion dollar contracts: the Deepwater program to develop new ships for the Coast Guard and the Secure Border Initiative to integrate technology and personnel to defend the nation’s borders."
  • Chairman Waxman's Opening Statement
  • Memo on Deepwater Project
  • Memo on SBInet Project ["the DHS $30 billion contract with Boeing to design and build a comprehensive border security plan..."]
  • * GAO Report on Federal Oversight of Food Safety
    Federal Oversight of Food Safety: High-Risk Designation Can Bring Needed Attention to Fragmented System, full text GAO-07-449T, and Highlights, February 8, 2007.
  • "Each year, about 76 million people contract a foodborne illness in the United States; about 325,000 require hospitalization; and about 5,000 die. While the recent E. coli outbreaks highlighted the risks posed by accidental contamination, the attacks of September 11, 2001, heightened awareness that the food supply could also be vulnerable to deliberate contamination. This testimony focuses on the (1) role that GAO's high-risk series can play in raising the priority and visibility of the need to transform federal oversight of food safety, (2) fragmented nature of federal oversight of food safety, and (3) need to address federal oversight of food safety as a 21st century challenge."
  • Related postings on food safety
  • * New Rule on FOIA Processing Fee Imposes Burdens According to National Security Archive
    National Security Archive: "The CIA's proposed new rule on Freedom of Information Act processing fees is likely to discourage FOIA requesters while imposing new administrative burdens both on the Agency and the public, according to formal comments filed with the CIA [February 7, 2007] by the National Security Archive of George Washington University. The Archive's general counsel, Meredith Fuchs, commented that, "Significant time, money, and other resources were spent by the CIA on fee disputes last year. One of those disputes involved the CIA's refusal to abide by a D.C. Circuit Court of Appeals judicial decision about the Archive's fee status. Given that the Agency recouped only $4,732.80 in fees in FY 2006, those disputes served mainly to delay and obstruct FOIA requests. The Archive recommended that the Agency change its proposed rule to: (1) eliminate the unnecessary and improper definitions of FOIA requester categories; (2) eliminate the requirement that all requesters make open-ended, written fee commitments because many FOIA requests can be processed without the requester incurring any fees and the CIA proposal would discourage requesters and add to the Agency's administrative processing time; (3) eliminate the illegal provision mandating prepayment of fees before the CIA will honor form or format requests; (4) revise the proposed duplication fees provisions so that requesters pay only those "direct costs" actually incurred in the processing of the individual request, whether for paper or electronic duplication; and (5) revise the public interest fee waiver provisions to follow the letter and intent of the FOIA to promote d! issemination of information in the public interest."
    * Senate Judiciary Committee Reverses Plan to Circumvent Senate Confirmation of U.S. Attorneys'
    Press release: "The U.S. Senate Judiciary Committee [February 8, 2008] approved a measure sponsored by Senators Dianne Feinstein (D-Calif.), Arlen Specter, Patrick Leahy, and Chuck Schumer that would prevent the circumvention of the Senate's constitutional prerogative to confirm U.S. Attorneys. Under a provision inserted without notice into the USA Patriot Act reauthorization last year, the law was changed so that if a vacancy arises, the Attorney General may appoint a replacement for an indefinite period of time – thus completely avoiding the Senate confirmation process. The legislation approved by the Judiciary Committee...would restore the process in place before 2006. It would allow the Attorney General to appoint interim U.S. Attorney for 120 days. If after that time the President has not sent up a nominee to the Senate and had that nominee confirmed, t! hen the authority to appoint an interim U.S. Attorney would fall to the district court. This was the law from 1986 to 2006. It was proposed by Reagan Administration and authored by Senator Strom Thurmond."
  • Hearing: Is the DOJ Politicizing the Hiring and Firing of U.S. Attorneys?, Senate Judiciary Committee, February 6, 2007
  • Denver Post, EDITORIAL - "Resignation'" of U.S. attorneys, February 8, 2007
  • * Health Care Provider Refusals to Treat, Prescribe, Refer or Inform: Professionalism and Conscience
    Health Care Provider Refusals to Treat, Prescribe, Refer or Inform: Professionalism and Conscience - by R. Alta Charo, February 8, 2007
  • In this issue brief, Professor Charo examines the debates surrounding health care provider refusals to provide health care services...She analyzes the ethical arguments that have been offered in support of provider refusals and gives rejoinders to them. The paper then discusses in more detail the duty of professionals to provide services, based on the prevailing medical ethic of universal care, the principle of non-discrimination, and other considerations. Finally, several policy options are suggested, such as treating heath care providers as public accommodations that may not discriminate based on sex, and requiring refusing providers to facilitate the referral of patients to other providers to ensure that every member of the public has access to needed health care services."
  • * Supreme Court Justice Alito's Perspective on the Court's Calendar
    Alito Recaps First Year on High Court, by Tony Mauro, Legal Times, February 7, 2007 [no fee or registration re'd]
  • "Alito, like many other Court-watchers, has a hard time explaining why the Court is taking and deciding so few cases. With the announcement Monday of the Court's April argument calendar, it appears that the Court will end the term issuing fewer than 75 signed opinions, around the same number for the last several terms -- and about half the number it was deciding 20 years ago."
  • * Medicaid and Child Health Care Fact Sheets
    "The 2007 State Medicaid Fact Sheets, a joint effort of the National Association of Children's Hospitals (N.A.C.H.) and the American Academy of Pediatrics (AAP), provide key data to demonstrate the importance of the Medicaid program to children and children's hospitals. The fact sheets can be used with state and federal policymakers and can be adapted to meet your targeted advocacy needs. The fact sheets are available for all 50 states and the District of Columbia. A national fact sheet is also available."
    * FBI Launches E-Mail Alerts on Public Website
    "The Federal Bureau of Investigation (FBI) has launched a service that sends out electronic mail (e-mail) alerts when new and vital information is posted on the FBI.gov Web site. Subscribers select which topics that they want updates on, such as new electronic scams (e-scams) and warnings, most wanted terrorists, top ten fugitives, and local and national press releases. The alerts are transmitted as soon as updates are posted to the FBI's Web site or published in their daily, weekly, or monthly digests. The FBI views this service as a means of furthering American citizens' safety by keeping them informed. No personal information is required to sign up for this service, just an e-mail address to where the alerts will be sent. To sign up for the service please visit the www.FBI.gov."
    * Defense Information Systems Agency Plans Enhanced White House Communications Network
    Federal Computer Week: "The White House Communications Agency (WHCA) has developed a six-year plan budgeted at $35 million to beef up presidential communications with a new top-secret network and multimedia Crisis Management System (CMS) designed to operate in a wide range of fixed locations, on Air Force One and on a new fleet of presidential helicopters."
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